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STATE v. SUMMAGE

No. 93-1968.

537 N.W.2d 692 (1995)

STATE of Iowa, Appellee, v. Charles SUMMAGE, Appellant.

Supreme Court of Iowa.

Rehearing Denied November 17, 1995.

Attorney(s) appearing for the Case

Clemens Erdahl, Iowa City, for appellant.

Thomas J. Miller, Attorney General, Mary Tabor, Assistant Attorney General, William E. Davis, County Attorney, and Realff H. Ottesen, Assistant County Attorney, for appellee.

Considered en banc.

PER CURIAM.

The State challenges the court of appeals' affirmance of the district court's decision not to apply the mandatory minimum sentence to Charles Summage's drug conviction under Iowa Code section 124.401(1)(c) (1993). It claims the district court failed to state sufficient mitigating circumstances on the record. We affirm the decision of the court of appeals and judgment of the district court.

I. Background Facts and Proceedings.

The...

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